Single judge allowed bail to Javed @ Hafiz Javed accused of offences under Sections 147, 149, 452, 376-D, 302, 120-B IPC and Section 06 POCSO Act, Rule 8(3)(b) cited in discussion. Court noted lack of linking evidence.
Released on bail by executing personal bond and furnishing two sureties each in like amount to the satisfaction of the court concerned.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38198 of 2018
Applicant :- Javed @ Hafiz Javed Opposite Party :- State Of U.P. Counsel for Applicant :- Hemendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as the learned A.G.A. and perused the record.
While claiming innocence of the applicant, it has been submitted that a long history of this case is indicative of the fact that initially, six persons were named in the first information report. However, the applicant was not named in the first information report. The investigation of the case travelled for 26 days, but nothing incriminating was collected by the first Investigating Officer. However, after 26 days of the lodging of the FIR, the investigation was taken over by the second Investigating Officer, who during the course of investigation, recorded the statement of one Haroon Khan on 27.12.2016, who surprisingly named one Riyazuddin as the culprit, who made extrajudicial confession before Haroon Khan, thereby confessing his guilt along with eight other persons including the applicant. Consequently, the applicant was arrested by the police. Except as above, there is no other linking evidence or factual connection of the applicant with the incident in question. The applicant has no criminal antecedents. One such co-accused - Eida Khan, who was named by Riyazuddin-the co-accused-in his extrajudicial confession to Haroon Khan, has already been admitted to bail vide order of this Court dated 28.6.2017 in Criminal Misc. Bail Application No. 21115 of 2017 ( Eida vs. State of U.P. ), copy whereof has been placed on record as Annexure No. 14 to the bail application.
Learned AGA has opposed the prayer for bail and has further submitted that the applicant is involved in this case and has committed the crime. However, he has not disputed the aforesaid facts and bail to the aforesaid coaccused.
Considered the rival submission and considering the facts and circumstances of the case, nature of accusation and
the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, but without entering into merit of the case, I find it fit case for bail.
Accordingly, bail application is allowed .
Let the applicant- Javed @ Hafiz Javed involved in Case Crime No. 174 of 2016, under Sections-147, 149, 452, 376-D, 302, 120-B I.P.C. and Section 06 POCSO Act, Police Station - Chharra District - Aligarh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 11.10.2018 S Rawat
2 issues framed by the court
Whether bail is maintainable and should be granted to the applicant accused of crimes under IPC and POCSO Act.
Whether the existing evidence against the applicant warrants release on bail.
Javed @ Hafiz Javed
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
